Connecticut Seal

General Assembly

 

Governor's Bill No. 23

February Session, 2012

 

LCO No. 510

 

*00510__________*

 

Referred to Committee on Energy and Technology

 

Introduced by:

 

SEN. WILLIAMS, 29th Dist.

SEN. LOONEY, 11th Dist.

REP. DONOVAN, 84th Dist.

REP. SHARKEY, 88th Dist.

 

AN ACT ENHANCING EMERGENCY PREPAREDNESS AND RESPONSE.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (b) of section 28-5 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(b) The commissioner shall direct the preparation of a comprehensive plan and program for the civil preparedness of the state and integrate and coordinate that plan and program to the fullest extent possible with the civil preparedness plans of the federal government and of other states. When the plan and program has been prepared, the commissioner shall present it to the Governor for his or her approval. When the Governor approves the plan, all government agencies, state or local, [and] all civil preparedness forces in the state and all public service companies, as defined in section 16-1, shall carry out the duties and functions assigned by the plan and program as approved. The plan and program may, from time to time, be amended or modified in like manner. The commissioner shall coordinate the civil preparedness activities of the towns and cities of the state to the end that they shall be fully integrated with the state civil preparedness plan and program.

Sec. 2. Subsection (e) of section 28-5 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(e) The commissioner shall utilize the personnel, services, equipment, supplies and facilities of existing departments, offices and agencies of the state to the maximum extent possible. The head of each such department, office or agency, in cooperation with and under the direction of the commissioner, shall be responsible for the planning and programming of such activities in the civil preparedness programs as will involve the utilization of the facilities of his or her department, office, institution or agency and shall implement and carry out such activities whenever necessary for the welfare and safety of the state, including participation in planning, training and exercises, as directed by the commissioner.

Sec. 3. (NEW) (Effective from passage) (a) As used in this section, "utility" means any electric company, electric distribution company, participating municipal electric utility, gas company or water company, as those terms are defined in section 16-1 of the general statutes.

(b) The Public Utilities Regulatory Authority shall establish minimum standards of performance for utilities in emergency preparation and restoration of service to customers in an emergency. The standards established by the authority shall include, but not be limited to, provisions for:

(1) Minimum staffing and equipment levels for each utility based on the number of customers served by such utility;

(2) Targets for recovery and restoration of service in emergencies based upon the classification levels of such emergencies;

(3) A communication and coordination plan between each utility and the state emergency operations center, regulatory agencies and municipal officials;

(4) A communication plan between each utility and its customers, including, but not limited to, communication during other than normal business hours;

(5) A plan for deploying utility crews, mutual aid crews and private contractors in an emergency;

(6) Safety standards for employees of each utility, mutual aid crews and private contractors; and

(7) Filing mutual aid agreements by utilities.

(c) Any mutual aid agreement filed with the authority pursuant to this section shall not be considered a public record or file subject to disclosure under the Freedom of Information Act, as defined in section 1-200 of the general statutes.

(d) Not later than August 1, 2012, and annually thereafter not later than April fifteenth, each utility shall provide an emergency response plan to the authority. Such plan shall include information and analysis concerning such utility's ability during the preceding year to meet the emergency preparedness and response standards established by the authority pursuant to this section.

(e) The authority may, upon its own motion, investigate a utility's compliance with any of the emergency preparedness and response standards established by the authority pursuant to this section. Any such investigation shall be a contested case, as defined in section 4-166 of the general statutes.

(f) The authority, upon a finding that a utility failed to comply with any of the emergency preparedness and response standards established pursuant to this section, shall have the authority to make orders to enforce such standards, including, but not limited to, cease and desist orders and may levy civil penalties against such utility, pursuant to section 16-41 of the general statutes, not to exceed twenty-five million dollars.

(g) Notwithstanding any provision of the general statutes, the authority shall institute a program to rebate to the customers of any utility from which the authority collects a civil penalty pursuant to this section an amount equal to the amount of such penalty collected by the authority less any administrative and implementation costs of such program.

Sec. 4. (NEW) (Effective July 1, 2012) (a) As used in this section:

(1) "Municipality" shall have the same meaning as in section 7-233b of the general statutes;

(2) "Critical facility" means any hospital, police station, fire station, water treatment plant, sewage treatment plant or commercial area of a municipality; and

(3) "Renewable distributed energy generation" means energy produced from a Class I renewable energy source, as defined in section 16-1 of the general statutes.

(b) The Department of Energy and Environmental Protection shall establish a micro-grid grant and loan program to support local renewable distributed energy generation for critical facilities. The department shall develop and issue a request for proposals from municipalities, electric distribution companies, participating municipal electric utilities, energy improvement districts and private entities seeking to develop micro-grid renewable distributed energy generation for use by critical facilities. Any entity eligible to submit a proposal pursuant to this section may collaborate with any other such entity in submitting such proposal.

(c) The department shall award grants or loans under the micro-grid grant and loan program to not less than two recipients. At least one grant or loan awarded pursuant to this section shall be awarded to a recipient developing a micro-grid project in a municipality with a population in excess of forty-five thousand, as determined by the most recent decennial census. The total amount of grants and loans awarded under the program shall not exceed five million dollars.

(d) Not later than January first, annually, for a period of five years after receiving a grant or loan under the micro-grid grant and loan program, any recipient of such grant or loan shall submit a report, in accordance with section 11-4a of the general statutes, to the department and the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and energy and technology. Such report shall include information concerning the status and outcome of such recipient's micro-grid project.

This act shall take effect as follows and shall amend the following sections:

Section 1

July 1, 2012

28-5(b)

Sec. 2

July 1, 2012

28-5(e)

Sec. 3

from passage

New section

Sec. 4

July 1, 2012

New section

Statement of Purpose:

To implement the Governor's budget recommendations.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]